Patna High Court
Durgesh Pathak @ Durgesh Kumar Pathak @ Durgesh Kr. PathakversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The court granted regular bail to the petitioner.
Summary
Durgesh Pathak was arrested in connection with a murder alleged to have been committed in furtherance of dowry demands, charged under IPC sections 304B, 201 and 34 and Dowry Prohibition Act sections 3 and 4. He applied for regular bail, contending that the allegations were implausible because his marriage to the deceased's sister‑in‑law occurred ten months after the death and that he has no prior criminal record, having been in custody since 9 September 2025. The State opposed the bail. The court noted the petitioner’s clean antecedent, the length of his custody, and the fact that co‑accused had already been granted anticipatory or regular bail, and decided that a lenient approach was warranted. Consequently, the court ordered his release on bail upon furnishing a bond of Rs 20,000 with two sureties of the same amount. The order was pronounced by Justice Shailendra Singh.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged with dowry death, murder and related offences under IPC and the Dowry Prohibition Act.
- Whether the grant of anticipatory or regular bail to co‑accused influences the petitioner's bail application.
- Whether the petitioner’s lack of criminal antecedent and period of pre‑trial detention justify the grant of bail.
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 201, 304B, 34
Subjects
- bail
- dowry death
- IPC
- Dowry Prohibition Act
- regular bail
- anticipatory bail
- common intention
- murder
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90181 of 2025
Arising Out of PS. Case No.-314 Year-2024 Thana- GAUTAMBUDHNAGAR District-
Siwan
======================================================
Durgesh Pathak @ Durgesh Kumar Pathak @ Durgesh Kr. Pathak S/O Uma
Pathak @ Uma Nath Pathak Resident of vill- Harnathpur, PS- Raghunathpur
Dist- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Kumari Anupam, Adv.
For the Opposite Party/s : Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 13-01-2026 Heard the parties.
2. Petitioner seeks regular bail in connection with G.
B. Nagar P.S. Case No. 314 of 2024 registered for the offences
punishable under Sections 304B, 201 and34 of the Indian Penal
Code and Sections 3 and 4 of the D.P. Act.
3. The main submissions advanced by the petitioner’s
counsel are that, as per the prosecution case, all the FIR-named
accused persons, including the present petitioner, are alleged to
have committed the murder of the informant’s daughter in
furtherance of their common intention on account of non-
fulfillment of dowry demands, the petitioner stands in the
relationship of a brother-in-law to the deceased, and that his
marriage to the sister-in-law of the deceased took place ten
Patna High Court CR. MISC. No.90181 of 2025(2) dt.13-01-2026
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months after the marriage of the deceased; therefore, the
allegations levelled against the petitioner are not believable. It is
further submitted that the other co-accused, namely Guddi
Pathak @ Guddi Devi and Jyoti Pathak @ Jyoti Kumari, have
been granted anticipatory bail by the learned co-ordinate
Benches of this Court vide orders dated 17.01.2025 and
07.05.2025 passed in Cr. Misc. Nos. 79592 of 2024 and 25688
of 2025, respectively, and the co-accused Rinku Pandey and
Nawneet Pandey have been granted regular bail by the learned
co-ordinate Bench of this Court vide order dated 05.03.2025
passed in Cr. Misc. No. 15426 of 2025. It is lastly submitted that
the petitioner has no criminal antecedent and has been
languishing in judicial custody since 09.09.2025.
4. Learned APP appearing for the State has opposed
the prayer for bail of the petitioner.
5. Considering the aforesaid submissions, the
averments made in this application, the period of custody of the
petitioner, his fair and clean antecedent and privilege of bail
having been granted to above mentioned co-accused persons by
the co-ordinate Benches of this Court, in my opinion, the
petitioner deserves to a lenient approach of this Court.
Accordingly, let the petitioner named-above be released on bail
Patna High Court CR. MISC. No.90181 of 2025(2) dt.13-01-2026
3/3
on furnishing bail bond of Rs. 20,000/- (Rupees Twenty
Thousand) with two sureties of the like amount each to the
satisfaction of the concerned Court in connection with G. B.
Nagar P.S. Case No. 314 of 2024.
(Shailendra Singh, J)
maynaz/-
U T
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